ACS Division and Local Section
Treasurers’ Workshop
Providing the Tools to Help You With Your
Financial Management
Treasurers’ Workshop
Philadelphia, PA
August 20, 2012
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Objectives
• Define your role as Treasurer
• Preparing for Compliance With the IRS
• Budgeting
• Incorporate or Not
• Your Questions
• Resources
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You are THE Treasurer
• The Financial Officer
• FORMS – Annual Report submission
– Bylaw requirement
– Facilitates the allotment disbursement
– Assists DAC and LSAC with assessing the
health and vitality of divisions and sections
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Responsibilities
•
Retain accurate and proper records
– Bank records, invoices, receipts
•
Maintain a book of accounts (ledger) showing the details of all
revenues and expenses
•
Manage Bank accounts
•
Maintain records of all investments
•
Keep the executive committee informed of all financial matters
•
File appropriate IRS forms and provide ACS with a copy
•
Review the section’s or division’s Bylaws to determine if there are
other duties required by the section or division
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SHARE YOUR EXPERIENCE
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ACS Division and Local Section
Treasurers’ Workshop
Preparing for Compliance with IRS
Requirements
Treasurers’ Workshop
Philadelphia, PA
August 20, 2012
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Objectives
•
Provide information regarding the ACS and affiliated organizations’
tax-exempt status
•
Clear any misconceptions regarding the tax-exempt status of
affiliated organizations and their relationship with ACS
•
Identify the benefits of tax-exempt status
•
Identify the actions that jeopardize tax-exempt status
•
Review the mandatory federal tax filings
•
Identify other requirements (public inspection, public support test ,
acknowledging donors)
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ACS Basic Organization Information
•
Type of exempt organization: Charitable non-profit scientific and
educational organization
•
Exempt under IRC Section 501(c)(3)
•
Exempt from federal income tax
•
Non-private foundation under IRC Section 509(a)(2) Public Charity
•
IRS determination letter (originally issued on January 18,1938)
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Tax-Exempt Status of ACS Affiliated
Organizations
•
ACS affiliated organizations include:
– Local Sections, Divisions, Subdivisions, and Regions
•
Type of exempt organization: Charitable non-profit scientific and
educational organizations
•
Exempt under IRC Section 501(c)(3) through ACS Group Exemption
Letter (if election is made by organization)
–
IRS Group Exemption Determination Letter (most recent issued February
4, 2003)
•
Exempt from federal income tax
•
Non-private foundation under IRC Section 509(a)(2) Public Charity
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What is the ACS Group Exemption?
•
IRS granted exemption to ACS affiliated organizations through the
ACS Group Exemption Letter
– ACS is the central organization
– ACS must take measures annually to keep group exemption letter in
force
– Group exemption number: 0945
– Re-election to be included under ACS group exemption must be made
every year via ACS annual report
– New local sections, divisions, regions, subdivisions can obtain taxexempt status by electing to be included within the ACS group
exemption letter
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What is the ACS Group Exemption? (cont.)
•
Affiliated Organizations (Local Sections, Divisions, Subdivisions,
Regions)
– ACS does not have operational and financial control
– Affiliated organizations are separate legal entities
•
Each has their own federal employer identification number (FEIN); (also called
taxpayer identification (TIN), or federal id number
• DO NOT USE ACS FEDERAL ID NUMBER
•
If you do not know your EIN, contact ACS Tax Office
– Each one must prepare their own individual/separate financial reporting
and tax filings to maintain tax-exempt status
– Each one must maintain non-private foundation status by meeting public
support test
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Quiz (True or False)
•
Because ACS is tax-exempt, all its affiliated organizations maintain their tax-exemption
through the ACS group exemption umbrella.
•
(FALSE)
•
ACS affiliated organizations have to file tax returns to the IRS even though we are tax-exempt.
•
(TRUE)
•
ACS affiliated organizations do not have to file any tax returns to the IRS since their gross
receipts are less than $50,000.
•
(FALSE)
•
ACS does not file tax returns on behalf of ACS affiliated organizations.
•
(TRUE)
•
ACS files a group return that includes the affiliated organizations’ finances.
•
(FALSE)
•
The annual report submissions to ACS constitute IRS filings.
•
(FALSE)
•
ACS affiliated organizations cannot use the ACS federal id number.
•
(TRUE)
•
ACS affiliated organizations cannot use the ACS sales tax exemption for their purchases.
•
(TRUE)
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Benefits of 501(c)(3) Status
•
Income from exempt purpose related activities are exempt from
federal income tax
•
Exempt from federal unemployment taxes
•
Exempt from some state taxes (e.g., income, sales, employment)
•
Contributions received are tax deductible to donors
•
Tax-exempt financing available
•
Reduced postal rates available
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What Jeopardizes § 501(c)(3) Status?
• FAILING TO MEET FILING REQUIREMENTS
•
Inurement/private benefit activities prohibited and restricted
•
Lobbying activities must be insubstantial
•
Political activities are absolutely prohibited
•
Failing to operate with an exempt purpose
•
Unrelated business activities must not be the primary purpose
– Exempt purpose is found in organization’s organizing documents such
as Articles of Incorporation, Articles of Association, Constitution, or
Bylaws
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Federal Tax Filing Requirements
•
Information returns (Form 990 series):
– Form 990 - Return of Organization Exempt from Income Tax
– Form 990-EZ - Short Form Return of Organization Exempt from Income Tax
– Form 990-N (e-Postcard)
•
Income tax return:
– Form 990-T – Exempt Organization Business Income Tax Return (If you have
UBI)
•
Other information returns:
– Form 1099 MISC - Miscellaneous Income
–
Form 1096 - Annual Summary and Transmittal of U.S. Information Returns
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Form 990 Series Overview
Form 990 is also a tool for an exempt organization to show:
•
It is organized and operated as a tax-exempt entity
•
It is in compliance with all applicable tax laws
•
It has a mission it continues to fulfill
•
It responsibly safeguards its assets
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Which Form 990 to File?
Based on Gross Receipts
Form to
Tax Year 2011 + Rules
Gross receipts normally ≤ $50,000**
Gross receipts > $50,000 AND < $200,000, AND Total assets < $500,000
Gross receipts ≥ $200,000, OR Total assets ≥ $500,000
File
990-N
(e-Postcard)
990-EZ
990
** How to determine if gross receipts are normally ≤ $50,000 :
Take the average gross receipts based on a 3-yr period to include tax year + 2 prior tax
periods
The Form 990 series of returns (Form 990, 990-EZ, or 990-N) are
mandatory for 501(c)(3) organizations
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Federal Tax Filing Requirements
Form 990 - Gross Receipts
What are gross receipts?
1. Contributions
6. Gross rents
2. Program Service Revenue
7. Other Investment Income
3. Membership Dues &
Assessments (includes ACS
Allotments to Divisions and
Local Sections)
8. Sale of Assets, Other than
Inventory
4. Interest - Savings/Temporary
Investments
9. Special Events
10. Gross Sales of Inventory
11. Other Revenue
5. Dividends & Interest-Securities
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Federal Tax Filing Requirements
Form 990-N
What is needed to complete 990-N?
•
Employer identification number (EIN)
•
Tax Year
•
Legal name & address
•
Other names the organization uses
•
Name and address of a principal officer
•
Website address (if one exists)
•
Confirmation that the organization’s gross receipts at or below the
threshold
Filing Website: http://epostcard.form990.org/
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Federal Tax Filing Requirements
Mandatory Schedules Required for
Forms 990 and 990-EZ
•
For BOTH Form 990 and 990-EZ, must include
– Schedule A, Public Charity Status and Public Support
– Schedule B, Schedule of Contributors (required if the organization
received, during the reporting year, $5,000 or more in money or property
from any ONE contributor)
•
For Forms 990 ONLY, must include
– Schedule O, Supplemental Information to Form 990
•
Additional schedules are required based on responses to questions
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Federal Filing Requirements –
When to File?
FILING DATES:
Due Date for all 990 returns: File by the 15th of the 5th month after the
end of the organization’s accounting period. This will be May 15th for a
calendar year filer.
EXTENSIONS For Form 990 or 990-EZ
File IRS Form 8868 to get an initial 3-month extension. An additional 3
month extension may be requested if original 3 months was not enough
time.
Form 990-N is due on May 15th of each year. NO EXTENSIONS!
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Federal Tax Filing Requirements
Where to file?
• Paper returns are filed in Ogden, UT:
Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0027
• Electronic filing is required for Form 990 filers with
assets of  $10 million AND at least 250 returns
• The IRS recommends that all organizations,
regardless of size, file electronically.
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Federal Tax Filing Requirements
Non-Filers/Late Filers Penalties
Penalties for late filing, incomplete or
inaccurate return:
• Against organization: $20 a day for each
day the return is late ($10,000 maximum); or
5% of the gross receipts
• Against responsible person(s): $10 a day
not to exceed $5,000
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Federal Tax Filing Requirements
Non-Filers/Late Filers Penalties
Failure to file for 3 consecutive years:
• Loss of tax-exempt status (automatic revocation)
• Must file annual income tax return (Form 1120) and pay taxes,
if owed
• Donations are not tax-deductible
• Not eligible to be included in ACS Group Exemption (will be
removed)
• Central organization (ACS) cannot obtain exemption for
subordinate organization
• You must re-apply for your organization’s tax-exemption
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AUTOMATIC REVOCATION OF TAX
EXEMPT STATUS
HELP !!!
I HAVE BEEN AUTO-REVOKED!!!
How do I get Reinstated?
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AUTOMATIC REVOCATION - HOW
TO GET REINSTATED
•
To get reinstatement the organization (NOT ACS) must file FORM
1023 regardless of whether the organization was originally required
to apply for exemption.
•
Write “Automatically Revoked” at the top of the application.
•
Must pay the appropriate user fee (See Revenue Procedure 2011-8
and 2011-36)
•
Notice 2011-43 provides transitional relief for certain small
organizations (990-N filers) if the application is filed by December 31,
2012.
•
An organization may also request retroactive reinstatement as part
of the application.
•
The organization MUST file Form 1023 even if it was covered under a
group exemption.
•
Visit the IRS website under Charities for a list of frequently asked
questions. www.irs.gov/charities
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AUTOMATIC REVOCATION OF TAX
EXEMPT STATUS
Beware!
You do not want to have your tax-exempt status automatically revoked! If it is
revoked, only YOU can file for reinstatement!
By law, an organization that fails to file Form 990, 990-EZ, or 990-N
for three consecutive years will have its tax-exempt status
automatically revoked as of the filing due date for the third return.
File your returns!
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Federal Tax Filing Requirements
-Other
•
Form 990-T – Exempt Organization Business Income Tax Return
•
Form 1099 MISC - Miscellaneous Income
•
Form 1096 - Annual Summary and Transmittal of U.S. Information
Returns
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Federal Tax Filing Requirements
Form 990-T
(Exempt Organization Business Income Tax Return)
When are you required to file Form 990-T?
• Unrelated business income  $1,000
• UBI is income from:
– A trade or business
– Conducted on a regular basis
– That is not substantially related to the
organization’s exempt purpose
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Federal Tax Filing Requirements
Form 990-T
Examples of some of the more common forms of unrelated trade or
business activities include.
•
Advertising
•
Gaming
•
Sale of merchandise and publications – unrelated to exempt
purpose.
Exclusions (not UBI)
•
Interest and dividends
•
Royalty income
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Federal Tax Filing Requirements
(Form 1099-MISC)
When are you required to file Form 1099-MISC?
• Paid at least $10 in royalties
• Paid at least $600 in rents, services, prizes and awards, other
income payments, medical and health care payments,
attorney fees, speaker fees, payments to corporations for
legal services.
• Scholarships/Fellowships – not required to be reported
• Travel Reimbursements – not required to be reported if
recipient provides adequate accounting of the amount to be
reimbursed and includes these four elements: amount, place,
time and business purpose.
You need to obtain vendor’s taxpayer identification before making any payments
using IRS Form W-9 Request for Taxpayer Identification Number and
Certification.
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Other Requirements - Public
Support test
What is the public support test?
•
The IRS applies public support ratio tests on an annual basis to
determine an organization’s public charity versus private
foundation status
•
ACS and affiliated organizations must meet individual public
charity status and non-private foundation status
•
The public support test appears on Schedule A (Form 990 or 990EZ). To maintain 509(a)(2) – public charity status, you need to
meet the public support test:

At least 1/3 of organization’s gross receipts are from public support and
exempt function combined, and
 Less than 1/3 of its support is from investment income
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Other Requirements - Public
Inspection
Information Subject to Inspection:
• Forms 990, 990-EZ, and 990-T, including all
schedules and attachments (except names and
addresses of contributors)
• Form 1023: Application for Tax Exemption filed
after July 15, 1987
• Must furnish copies upon request
• May charge a reasonable fee
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Other Requirements –
Acknowledging Charitable
Contributions
Quid Pro Quo
• Disclose value of goods or services provided to donor
when contribution >$75 .
• Disclose at time of solicitation or receipt of
contribution.
Other
• Donor must have contemporaneous acknowledgement
for donations ≥ $250
• New – donor must have a bank record or charity
documentation for any amount given.
•
Refer to IRS Publication 1771 Charitable Contributions – Substantiation and Disclosure
Requirements.
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Resources to Assist
To obtain IRS federal forms and publications
IRS Website:
http://www.irs.gov/formspubs/index.html
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American Chemical Society
For further information contact:
ACS Office of Tax Compliance and Reporting
1155 Sixteenth Street, N.W.
Washington, DC 20036
Title
Telephone No.
Email
Rosalee Lewis
Tax Manager
(202)872-6306
[email protected]
Maria Tolentino
Tax Accountant
(202)872-6233
[email protected]
Lisa Wolfinger
Tax Accountant
(202)872-6052
[email protected]
Leila Hoen
Assistant Director
(202)872-6027
[email protected]
•
Send email inquiries to: [email protected]
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Questions?
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ACS Division and Local Section
Treasurers’ Workshop
Budgeting
Treasurers’ Workshop
Philadelphia, PA
August 20, 2012
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Budgeting Considerations
• Revenues
• Expenses
• Net Contribution/Deficit and Reserves
• Budget Preparation and Monitoring Actual Results
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Revenues
• Contributions
• Program Revenue
• Membership Dues (Including Allotments)
• Meeting Registration Revenue
• Special Events
• Other Revenue
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Expenses
• National Meeting Programming
• Awards and Contributions
• Conferences and Meetings
• Administrative
• Other Expenses
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Net Contribution/Deficit and
Reserves
• Net Contribution/Deficit = Difference between
Revenues and Expenses
• Reserves = Planning for the future
– Committee on Local Section Activities (LSAC)
recommends minimum reserves equal to 1.5 x Annual
Allotment
– ACS Guideline: Reserves = minimum of 50% of next
year’s operating expenses
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Budget Preparation and
Monitoring Actual Results
• Budget Preparation
– Consult with all Officers to prepare and approve a final
budget no later than December for the upcoming year
– Ensure that assumptions are realistic. Review past history,
if available
– Fund Division/Local Section objectives/programming
• Monitor Actual Results Against Budget Regularly
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To Incorporate or Not
to Incorporate
David T. Smorodin
Assistant General Counsel
August 20, 2012
American Chemical Society
What is a Corporation?
• A separate legal entity
– Has the power to act in any way permitted by law and by
its own corporate charter. For example, corporations
may:
• enter into contracts;
• buy and sell both real and personal property;
• sue and be sued;
• Incur indebtedness;
• commit crimes!
• If the corporation suffers losses:
– the corporation itself must bear those losses;
– not individual directors and/or officers.
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Why Incorporate?
Primary Benefit:
To protect individual officers, directors,
executives and members from liability for
many obligations of the corporation.
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DISADVANTAGES OF
INCORPORATING
• A corporation can be created only by compliance
with General Corporation Law of the state of
incorporation.
– This usually requires filing of Articles of
Incorporation with the appropriate state entity
(usually the Secretary of State) and payment of the
requisite state fees.
• A corporation is generally required to have a board
of directors, corporate officers, annual meetings,
and to maintain separate books and records.
• Failure to observe “corporate formalities” may
result in the personal liability of directors and/or
officers for corporate debts.
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American Chemical Society
What else
should we
discuss?
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RESOURCES
• http://www.irs.gov/formspubs/index.html
• www.acs.org/getinvolved
• www.acs.org/leaderdevelopment
• Other Treasurers
• ACS Staff: [email protected]; [email protected];
[email protected]
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